When will the court order a fresh inquiry as to the best interests of the child?

The court is directed to embark upon a fresh inquiry as to the best interests of the child without a legal presumption in favour of the custodial parent; however, the views of the custodial parent are entitled to great respect, (Gordon v. Goertz, supra). Although the parties have joint custody, it is clear that Ms Drury has been the primary parent of both boys throughout their lives. Not only have the boys spent more time with her, she has consistently been the parent responsible for making arrangements for the children at times that neither parent is available for the children due to employment commitments.

I concur with the comments of Chamberlist J. in the case of Garvin v. Garvin, 2002 BCSC 1690 (B.C.S.C.) at para 44 in suggesting that the primary parent and custodial parent are the same in mobility cases: … I have simply equated the custodial parent’s views with that of the primary caregiver’s views because, in my view, although in this case there is joint custody, a primary caregiver’s relationship with the children is generally the same as that of custodial parent when viewed through the eyes of the child.